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2026 Supreme(Online)(Ker) 5206

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ASEEF T – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 244 OF 2026 | CRIME NO.1231/2025



Advocates:
For the Appellants/Petitioners: SHRI.R.S.LAKSHMAN, SMT.SUDAKSHINA MENA PRASAD, SHRI.NIRANJAN M.S.
For the Respondents: SRI.M.C.ASHI, SR. PP

Legal provisions for pre-arrest bail require evidence of accused's involvement and allow for judicial discretion on bail conditions.

Headnote:This judgment concerns an application for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant, accused No. 1 in Crime No. 1231/2025, is alleged to have engaged in organized illegal financial activities, generating an excessive income through multiple bank accounts. The court found prima facie evidence supporting the applicant's involvement and ruled that further interrogation was necessary. The main issue was whether the applicant should be granted bail or subjected to arrest for investigation purposes. The court concluded that the applicant should surrender for interrogation, allowing for legal due process to follow.

Table of Content
1. accused allegedly involved in financial crimes. (Para 1 , 2 , 3)
2. court hears arguments for bail application. (Para 4)
3. court finds prima facie evidence for interrogation. (Para 5)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused No.1 in Crime No. 1231 of

2025 of Kanjiramkulam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections

112(1) and 112(2) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that is that the accused generated excessive income through organized illegal financial activities, and opened multiple accounts under the name "Irongate Traders" in various Banks across different locations, and as part of such illegal financial transactions, using the Account No. 12140200005254 maintained in the Federal Bank, Kanjiramkulam Branch, on 11.08.2025, the accused withdrew an amount of Rs.2lakhs from the Federal Bank, Peroorkada Branch and thereby committed the offences

4. I have heard Sri.R.S.Lakshman, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. There are prima facie materials on record to show that the involvement of the applicant in the incident. An amount of Rs.12 lakhs was credited to the account of the Irongate Traders, in which the applicant is one of the partners. According to the applicant, the said amount is related to some business transaction. Considering the facts and circumstances of the case, I am of the view that the applicant needs to be interrogated for the purpose of investigation. Hence the following order is passed:-

If the applicant surrenders before the investigating officer within one week from today, the investigating officer shall interrogate the applicant and after interrogation if the investigating officer forms an opinion that the applicant is to be arrested, the investigating officer shall record the arrest of the applicant and produce him before the jurisdictional Magistrate on the same day itself. The bail application if any moved by the applicant shall be disposed of by the learned Magistrate, in accordance with law, as far as possible, on the same day itself. A copy of the bail application shall be given to the learned Public Prosecutor in advance.

The bail application is, accordingly, disposed of with the above observations.

Sd/-

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